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2014 Supreme(Del) 2575

SURESH KAIT
Rajpal – Appellant
Versus
Government NCT of Delhi – Respondent


Advocates Appeared:
For the Petitioners:R.S. Rana, Advocate.
For the Respondents:R1 & R2, Yogesh Saini for V.K. Tandon, R7, Geetika Sharma, R8, D.V. Khatri, Advocates.

JUDGMENT

SURESH KAIT, J.

1. Vide the present petition, petitioners seek directions for setting aside the impugned order dated 17.08.2007 passed by the Financial Commissioner in Revision Petition No. 67/02-CA, under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter to be referred as the Act), titled as Ram Chander & Another vs. Dharam Singh & Others, whereby Gaon Sabha (village Khera Khurd) lands meant for common purpose Chargah Maveshian (Pasture) bearing Khasra Nos. 51/22 min. South (1-13), 51/23 (4-08) & 78/20/1(1-03) allotted to respondent No.8 and bearing Khasra No. 51/17 min. West (1-05) and 51/18 (5-0) allotted to respondent No.7 respectively situated in the Revenue Estate of Village Khera Khurd. Further seek directions to withdraw the said land from the aforesaid respondents and return to respondent No.5 Gaon Sabha.

2. Learned counsel for the petitioners submitted that respondent Nos. 7 and 8 had no right to have the allotment of Gaon Sabha land which was developed by respondent Nos. 1 and 6 as Forest/Horticulture Plantation in lieu of residential plot. The land in question was allotted based upon a false pretext tha















































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